Real estate law involves a variety of different legal issues regulated by both federal and state statutes, as well as common law. Common real estate issues include: sales and acquisitions, title, land use, environmental regulations, development, leasing, finance, joint ventures, restructuring and workouts, and litigation.
Real estate attorneys are primarily involved in transactional work, but may also be required to litigate issues arising out of their transactional work or other issues arising in the real estate context. A real estate attorney’s transactional work centers on drafting, negotiating and closing transactions facilitating the business of real estate, including: selling, buying, and leasing land, buildings, housing, natural resources of the land (crops, minerals, water) or any other interests in real estate; development and use of property and managing the state and local approval processes; and financing large development projects and working with REITS (Real Estate Investment Trusts), companies that own or finance income-producing real estate. Real estate lawyers also spend much of their time counseling clients about these matters.
Another important part of a real estate attorney’s practice is due diligence investigations. A real estate attorney’s due diligence investigation may include: review of the physical details of the property and can include an environmental investigation (to ensure there is no contamination), review the leases of any tenants at the property, and review of the title to make sure the seller actually owns the property and there are no easements, mortgages or other liens on the property, including tax liens.
In those cases where real estate disputes arise, real estate attorneys will be required to litigate their clients’ disputes in court. In litigation, real estate attorneys may be asked to handle matters concerning breach of contract, zoning compliance, construction defect, foreclosure, homeowners associations, or boundary disputes, among other issues.
Christensen & Jensen’s experienced real estate attorneys truly know Utah real estate law. Our real estate attorneys have represented real estate owners, investors, owners associations, buyers, sellers, landlords and tenants, title companies, banks, realtors, brokers, inspectors, appraisers, and property management companies in all aspects of real estate matters. Our real estate attorneys have the necessary and experience to advise and consult on all aspects of commercial, investment and residential real estate issues, including contract drafting and review, negotiation and disputes.
Christensen & Jensen attorney Heather Thuet is also a savvy Utah real estate broker in addition to being an accomplished and ambitious trial attorney. Heather is the co-owner of Endurance Real Estate, a boutique real estate brokerage. Heather also serves as a commissioner on the Salt Lake Historic Landmarks Commission, which means Heather is well versed in state and local real estate regulations and ordinances and their application.
Real estate services provided by Christensen & Jensen include: